Prayer was offered by the Honorable Brooks F. McCabe, Jr., a
senator from the seventeenth district.
Pending the reading of the Journal of Thursday, June 26, 2008,
On motion of Senator Bailey, the Journal was approved and the
further reading thereof dispensed with.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendments, as toEng. Senate Bill No. 2019, Making supplemental appropriations
from State Fund, General Revenue, to various accounts.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page nine, section one, line seven, by inserting "52" and
a dash before the word "Office";
On page nine, section one, line eight, by striking out "10"
and inserting in lieu thereof "5F";
And,
On page nine, section one, line fifteen, by striking out
"0300" and inserting in lieu thereof "0294".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 2019, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Caruth, Chafin, Deem, Edgell, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
Minard, Oliverio, Plymale, Sprouse, Stollings, Sypolt, Unger,
White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Bowman, Facemyer, McKenzie, Prezioso, Sharpe and
Wells--6.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2019) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Caruth, Chafin, Deem, Edgell, Fanning, Foster, Green, Guills, Hall,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio,
Plymale, Sprouse, Stollings, Sypolt, Unger, White, Yoder and
Tomblin (Mr. President)--28.
The nays were: None.
Absent: Bowman, Facemyer, McKenzie, Prezioso, Sharpe and
Wells--6.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2019) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 201--Requesting that a portion
of United State Route 250 from the Barbour/Randolph County line to
the intersection of United States Route 250 and West Virginia State
Route 92 in Belington, be named "The Sgt. R. J. Jimenez Highway".
Whereas, Sgt. Romulo J. (R. J.) Jimenez II, the son of Romulo
and Alesia Harris Jimenez, was born on June 28, 1983 in Elkins,
Randolph County, West Virginia; and
Whereas, He was raised in Barbour County, West Virginia and attended Philip Barbour High School; and
Whereas, He joined the United States Marine Corps in 2001 to
help protect our Country, State and County in the Global War on
Terrorism; and
Whereas, While serving his second tour in Iraq, he was killed
in action on November 10, 2004 by enemy fire in Fallujah, Iraq; and
Whereas, The untimely and premature death of Sgt. Jimenez has
been a tremendous loss to his family, the community of Belington,
the county of Barbour, the state of West Virginia and the United
States Marine Corps; therefore, be itResolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
portion of United States Route 250, beginning at the
Barbour/Randolph County line and ending at the intersection of
United States Route 250 and West Virginia State Route 92 in
Belington, the "The Sgt. R. J. Jimenez Highway"; and, be itFurther Resolved, That the Commissioner of the Division of
Highways is hereby requested to cause to be fabricated signs to be
erected at each entryway of said roadway, containing bold and
prominent letters proclaiming the roadway to be "The Sgt. R. J.
Jimenez Highway"; and, be itFurther Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Commissioner of
the Division of Highways, the Clerk of the Barbour County Commission and R. J.'s parents, Romulo and Alesia.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 202--Requesting that bridge
number 4303 over Morgans Run in Monongalia County scheduled for
completion in the fall of 2008 be named "The Charles L. Miller
Bridge".
Whereas, Charles L. Miller was born and raised in Preston
County, West Virginia and graduated from West Virginia University
with a Bachelors of Science Degree in Civil Engineering in 1961;
and
Whereas, Mr. Miller began his extended career with the State
Road Commission, now known as the Division of Highways, working as
a Cooperative Student in 1954; and
Whereas, After graduating from West Virginia University, Mr.
Miller served in the United States Army where he obtained the rank of Captain; and
Whereas, Following his term of service with the United States
Army, Mr. Miller rejoined the Division of Highways steadily rising
through the ranks until appointed Commissioner of Highways in 1977
by Governor Rockefeller serving as Commissioner until 1984; and
Whereas, In 1985, Mr. Miller served as State Highway Engineer
and Director of Highways for the Arizona Department of
Transportation until accepting the position of Associate
Administrator for Research and Development with the United States
Department of Transportation in 1990; and
Whereas, From 1992 to 1993, Mr. Miller returned to the West
Virginia Division of Highways as State Highway Engineer. In 1993,
Governor Caperton appointed him Secretary of the West Virginia
Department of Transportation; and
Whereas, In 1995, Mr. Miller moved to the Governor's Office
where he served as Director of Operations and subsequently as
Acting Chief of Staff until retirement from state service in 1997;
and
Whereas, Following state service, Mr. Miller continued working
in the transportation field as an engineer consultant but is now
currently retired and again residing in Preston County, West
Virginia; and
Whereas, In 2005, Mr. Miller was one of eleven individuals
inducted into the charter class of the West Virginia University Department of Civil and Environmental Engineering Academy of Civil
Engineers; therefore, be itResolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 4303 over Morgans Run in Monongalia County scheduled
for completion in the fall of 2008 "The Charles L. Miller Bridge";
and, be itFurther Resolved, That the Commissioner of the Division of
Highways is hereby requested to cause to be fabricated signs to be
erected at each entryway of said bridge, containing bold and
prominent letters proclaiming the bridge to be "The Charles L.
Miller Bridge"; and, be itFurther Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a certified copy of this resolution to
the Commissioner of the Division of Highways, to Mr. Charles L.
Miller and to the Federal Highways Administration in Charleston,
West Virginia.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution,
At the request of Senator Oliverio, unanimous consent being
granted, further consideration of the resolution was deferred until
the conclusion of bills on today's second reading calendar.
The Senate proceeded to the sixth order of business.
At the request of Senator Hall, unanimous consent being
granted, Senator Hall offered the following resolution from the
floor:Senate Concurrent Resolution No. 201--Requesting the Division
of Highways name bridge number 40-869-0.27 (4380) on Route 869
crossing the Kanawha River and U. S. Route 35 near Eleanor, Putnam
County, the "Johnathon David Higginbotham Memorial Bridge" in
recognition of Johnathon David Higginbotham and the many other
persons who have lost their lives on U. S. Route 35 and W. Va.
State Route 62.
Whereas, Bridge number 40-869-0.27 (4380) on Route 869,
completed in 1998, crosses the Kanawha River near Eleanor, in
Putnam County, connecting U. S. Route 35, which follows the
southwest side of the river, with W. Va. State Route 62, which
follows the northeast side of the river; and
Whereas, U. S. Route 35 and W. Va. Route 62 are both older
designed two-lane highways that border the Kanawha River from Point
Pleasant through Mason and Putnam counties and both highways,
particularly U. S. Route 35, are heavily traveled thoroughfares,
traveled by a large number of tractor-trailers and other commercial
vehicles in interstate commerce; and
Whereas, During a ten-year time period from January 1, 1998,
through December 31, 2007, on U. S. Route 35 alone, 1,040 traffic accidents occurred between the intersection with W. Va. State Route
34 in Putnam County and the town of Henderson in Mason County, 29
of which resulted in 33 fatalities; one of the most tragic of those
accidents resulted in the untimely loss of Johnathon David
Higginbotham; and
Whereas, Johnathon David Higginbotham grew up in the Eleanor
and Midway areas of Putnam County and he frequently crossed the
bridge and traveled U. S. Route 35 to visit his grandparents in
Pliny and to stay with his father; and
Whereas, Johnathon attended Buffalo High School where he was
to be a starting guard on the basketball team for the upcoming fall
season; and
Whereas, On June 3, 2004, Johnathon crossed the bridge enroute
to his father's home and while traveling on U. S. Route 35 just a
few miles from the bridge, Johnathon, at age 17, died in a tragic
collision with a tractor-trailer; and
Whereas, It is fitting that this bridge be named the
"Johnathon David Higginbotham Memorial Bridge" for Johnathon and
the many other persons who have lost their lives in accidents on U.
S. Route 35 and State Route 62 to honor and memorialize their
passing, as well as to honor their memory by families and friends
as they cross the bridge; therefore, be itResolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 40-869-0.27 (4380) on Route 869 crossing the Kanawha
River and U. S. Route 35 near Eleanor, Putnam County, the
"Johnathon David Higginbotham Memorial Bridge" in recognition of
Johnathon David Higginbotham and the many other persons who have
lost their lives on U. S. Route 35 and W. Va. State Route 62; and,
be itFurther Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Johnathon David Higginbotham Memorial Bridge"; and, be itFurther Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and Johnathon David Higginbotham's
stepfather and mother, Jim and Vallery Withrow.
At the request of Senator Hall, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.Com. Sub. for Senate Bill No. 2010, Relating to regulation and
control of elections.
On third reading, coming up in regular order, with the right having been granted on yesterday, Thursday, June 26, 2008, for
amendments to be received on third reading, was reported by the
Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar, and with the right for amendments to be considered on
third reading remaining in effect.
The Senate proceeded to the ninth order of business.Eng. House Bill No. 219, Relating to the regulation and
control of elections.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Sprouse, the following amendments to the
bill were reported by the Clerk and considered simultaneously:
On page nine, section one-a, after line twenty-four, by
inserting a new paragraph, designated paragraph (B), to read as
follows:
(B) "Electioneering communication" includes any paid
communication, including, but not limited to, public service
announcements, distributed by means of broadcast, cable or
satellite signal, telephone, billboard advertising or published in
any newspaper, magazine or other periodical that depicts by name,
likeness or unambiguous reference, an incumbent governor, secretary
of state, attorney general, treasurer, commissioner of agriculture, supreme court justice or legislator who is seeking reelection or
election to any office set forth in this paragraph, and is publicly
disseminated during the time frames prior to any primary, general
or special election set forth above in this subdivision: Provided,
That this paragraph does not prohibit legislators from promoting
their own personal business or a business which they represent as
an owner, officer or as an employee, through any means of
advertising of such business, nor is this intended to prevent the
normal operation of governmental responsibilities of any elected
official through correspondence by letter, e-mail, telephone or
other accepted means of personal communication.;
And,
By relettering the remaining paragraph.
The question being on the adoption of Senator Sprouse's
amendments to the bill (Eng. H. B. No. 219), the same was put and
did not prevail.
On motion of Senator Barnes, the following amendment to the
bill was next reported by the Clerk:
On page eleven, section one-a, line seven, after the words
"Section 501(c)(3)" by inserting a comma and the words "Section
502(c)(4) and Section 501(c)(5)".
Following discussion,
The question being on the adoption of the amendment offered by
Senator Barnes to the bill (Eng. H. B. No. 219), and on this question, Senator Barnes demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Deem, Guills, Hall, Sprouse, Sypolt and Yoder--9.
The nays were: Bailey, Chafin, Edgell, Fanning, Foster,
Green, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Oliverio, Plymale, Stollings, Unger, White and Tomblin (Mr.
President)--19.
Absent: Bowman, Facemyer, McKenzie, Prezioso, Sharpe and
Wells--6.
So, a majority of those present and voting not having voted in
the affirmative, the President declared the amendment offered by
Senator Barnes to the bill rejected.
On motion of Senator Kessler, the following amendment to the
bill (Eng. H. B. No. 219) was next reported by the Clerk and
adopted:
On page nine, section one-a, line twenty-four, after the word
"electorate" by changing the period to a colon and inserting the
following proviso: Provided, That for purposes of the general
election of two thousand eight the amendments to this article shall
be effective the first day of October, two thousand eight.
On motion of Senator Kessler, the following amendments to the
bill (Eng. H. B. No. 219) were next reported by the Clerk,
considered simultaneously, and adopted:
On page twenty-three, section eight, line thirteen, after the word "committees;" by inserting the word "and";
And,
On pages twenty-three and twenty-four, section eight, by
striking out all of paragraphs (D) and (E) and inserting in lieu
thereof the following:
(D) Corporations may make disbursements for political
purposes, as such are defined by the provisions of subdivision
(25), subsection (a), section one-a of this article, that do not
expressly advocate for the election or defeat of a clearly
identified candidate. A disbursement for political purposes is
permissible if it:
(i) Does not reference an election, candidacy, political
party, opposing candidate or voting by the general public;
(ii) Does not take a position on any candidate's or
officeholder's character, qualifications, or fitness for office;
and
(iii) Focuses on a legislative, executive, or judicial matter
or issue which either:
(I) Urges a candidate to take a particular position or action
with respect to the matter or issue; or
(II) Urges the public to adopt a particular position and to
contact the candidate with respect to the matter or issue; or
(iv) Proposes a commercial transaction, such as purchase of a
book, video, or other product or service, or attendance (for a fee) at a film exhibition or other event.
On motion of Senator Kessler, the following amendment to the
bill (Eng. H. B. No. 219) was next reported by the Clerk:
On page twenty-eight, section eight, after line twenty-one, by
adding two new subsections, designated subsections (i) and (j), to
read as follows:
(i) The amendments to this section enacted during the second
extraordinary session of two thousand eight are intended to conform
to the existing proscription to constitutionally permissible limits
and not to create a new offense or offenses.
(j) The effective date of the amendments to this section
enacted during the second extraordinary legislative session of two
thousand eight shall be the first day of October, two thousand
eight.
Following discussion,
The question being on the adoption of Senator Kessler's
amendment to the bill (Eng. H. B. No. 219), the same was put and
prevailed.
Thereafter, at the request of Senator Barnes, and by unanimous
consent, the remarks by Senators Caruth and Kessler regarding the
adoption of Senator Kessler's amendment to Engrossed House Bill No.
219 were ordered printed in the Appendix to the Journal.
On motion of Senator Kessler, the following amendment to the
bill was next reported by the Clerk and adopted:
On page twenty-nine, section fourteen, line twenty-four, by
striking out the word "September" and inserting in lieu thereof the
word "October".
The bill (Eng. H. B. No. 219), as amended, was then ordered to
third reading.
Senator Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Chafin, Edgell,
Fanning, Foster, Green, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, Minard, Oliverio, Plymale, Stollings, Unger, White and
Tomblin (Mr. President)--19.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Hall,
Sprouse, Sypolt and Yoder--9.
Absent: Bowman, Facemyer, McKenzie, Prezioso, Sharpe and
Wells--6.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rejected.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration ofHouse Concurrent Resolution No. 202, The Charles L. Miller
Bridge.
Having been taken up for immediate consideration and reference
to a committee dispensed with in earlier proceedings today, and now coming up in deferred order, was again reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over as a matter of unfinished
business for tomorrow, Saturday, June 28, 2008.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Kessler.
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Saturday, June 28, 2008, at 11 a.m.